First Regular Session
Sixty-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 05-0838.01 Kristen Forrestal SENATE BILL 05-216
SENATE SPONSORSHIP
Hagedorn,
HOUSE SPONSORSHIP
Carroll M.,
Senate Committees
House Committees
Health and Human Services
Appropriations
A BILL FOR AN ACT
Concerning protection for health care workers alleging
violation of standards of health care practice.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Enacts the "Health Care Worker Protection Act" (act). Creates a
procedure for a health care worker to report a violation of standards of
health care practice to the office of the attorney general of the state of
Colorado.
Gives immunity to a health care worker from criminal liability and
from any suit in a civil action brought by any person as a result of
information disclosed by a health care worker when the worker made a
good faith report of a violation of standards of health care practice.
Prohibits a health care provider from taking disciplinary action
against a health care worker if the worker submits a report or complaint,
in good faith, to the attorney general's office. Provides that a health care
worker may seek restitution through a civil action if disciplinary action
is taken against such worker.
Defines the terms used in this act.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 8, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 83
Health Care Worker Protection Act
8-83-101. Short title. This article shall be known and may
be cited as the "Health Care Worker Protection Act".
8-83-102. Definitions. As used in this article, unless the
context otherwise requires:
(1) "Department" means the Colorado department of
public health and environment.
(2) "Disciplinary action" means frequent or undesirable
transfers or reassignments, changes in the location where a
health care worker is employed, or changes in working hours,
other than for demonstrable efforts to meet staffing needs; the
issuance of letters of reprimand, letters of admonition, or
evaluations of poor performance; a demotion; a reduction in
pay; the denial of a promotion; or a suspension, dismissal, or
transfer.
(3) "Good faith report" means a report of violations of
standards of health care practice that is made without malice
or consideration of personal benefit and that the person making
the report has reasonable cause to believe is true.
(4) "Health care provider" means any health care facility
licensed under section 25-3-101, C.R.S., or any individual who is
authorized to practice some component of the healing arts by
a license, certificate, or registration.
(5) "Health care worker" means any person certified,
registered, or licensed pursuant to articles 22, 29.5, 32, 33, 35, 36,
37, 38, 38.1, 39, 40, 41, 41.5, 42, and 43 of title 12, C.R.S., or
certified pursuant to section 25-3.5-103, C.R.S.
(6) "Office" means the office of the attorney general of
the state of Colorado.
(7) "Supervisor" means any individual within an
employer's organization who has the authority to direct and
control the work performance of an employee, or who has
managerial authority to take corrective action regarding the
violation of standards of health care practice.
8-83-103. Procedure for reporting a violation of standards of
health care practice - confidentiality. (1) A health care worker
may report a violation of standards of health care practice, in
writing, to a supervisor or other person in a position of
authority, and the employer shall be provided a reasonable
opportunity to investigate the alleged violation and to make
corrections if a violation is confirmed before further action is
taken under the provisions of this article.
(2) (a) If the employer does not correct the violation and
the health care employee, in good faith, believes that a
continuing violation will adversely affect the quality of
patient care or the safety of the patients of the health care
provider, the health care worker may file a complaint, in
writing, with the department or with the appropriate licensing
board.
(b) Upon receipt of the complaint, the department or
applicable board shall give notice to the affected health care
provider that a complaint has been filed. The health care
provider shall have thirty days in which to investigate the
complaint and after that time shall file the results of its
investigation with the department or applicable board. If the
department or board is dissatisfied with the adequacy of the
investigation conducted by the health care provider, the
department or board shall perform its own review and, if it is
determined that further action is needed, take disciplinary
action. The department and the applicable board shall provide
information to the office if such department or board
determines there is evidence of a criminal violation by a health
care provider.
(c) The department or the applicable board shall
maintain, except to the extent necessary to verify credentials,
the confidentiality of the health care worker and all
information resulting from the complaint until an investigation
has been completed or the violation has been remedied; except
that the department or board shall provide information to the
office of the state auditor regarding a facility under
investigation.
8-83-104. Health care workers - immunity from lawsuits -
disciplinary action against health care worker prohibited. (1) A
health care worker, while acting in good faith, shall be immune
from any suit in a civil action brought by any person as a
result of:
(a) Disclosing information that is not otherwise
prohibited by state or federal law from disclosure relating to
care or services provided or conditions treated by a health
care entity or health care provider; or
(b) Disclosing information through initiating,
cooperating in, or participating in an investigation or
proceeding by a public body, an accrediting organization, or the
federal centers for medicare and medicaid services relating to
care or services provided or conditions treated by a health
care provider.
(2) Nothing in subsection (1) of this section shall be
construed to grant immunity to a health care worker for his or
her own acts of medical negligence, or for a violation of any
state or federal law requiring confidentiality of patient
information. If the health care provider is assessed a fine or
penalty or is required to pay a judgment or settlement as a
result of disclosure of confidential information by the health
care worker, the health care worker shall reimburse the
health care provider for the amount of any fine, penalty,
judgment, or settlement, and attorney fees and costs
associated with defending any associated claim.
(3) A health care provider shall not take disciplinary
action against a health care worker in retaliation for filing a
complaint or making a report in good faith pursuant to section
8-83-103.
(4) A health care worker who claims to be aggrieved by
a violation of subsection (3) of this section may, within one year
after the date of the alleged violation, seek restitution
through civil action, including, but not limited to, pain and
suffering, cost of the litigation, lost wages, and attorney fees.
(5) A civil action taken pursuant to subsection (4) of this
section shall be deemed a waiver of the rights and remedies
available under any other contract, collective bargaining
agreement, law, or rule with respect to protection against
employer discrimination or disciplinary action for employee
disclosure of a violation of standards of health care practice.
SECTION 2. Article 80 of title 13, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SECTION to read:
13-80-102.7. Limitation of actions - health care workers.
Notwithstanding any provision of law to the contrary, no
action by a health care worker who claims to be aggrieved by
a violation of article 83 of title 8, C.R.S., shall be maintained
unless such action is commenced within one year after the date
of the alleged violation.
SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.